Texas 2025 - 89th Regular

Texas House Bill HB4878 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15572 MCF-D
2	2	By: Olcott H.B. No. 4878
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to reporting regarding the confinement in the Texas
10	10	Department of Criminal Justice or a county jail of certain persons
11	11	not lawfully present.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 493, Government Code, is amended by
14	14	adding Section 493.01505 to read as follows:
15	15	Sec. 493.01505. REPORT REGARDING ILLEGAL CRIMINAL ALIENS.
16	16	(a) In this section, "illegal criminal alien" has the meaning
17	17	assigned by Section 493.015.
18	18	(b) Not later than January 31 of each year, the department
19	19	shall prepare and submit to the governor, the lieutenant governor,
20	20	and each member of the legislature a written report on the
21	21	confinement, during the preceding year, of illegal criminal aliens
22	22	in facilities operated by or under contract with the department.
23	23	The report must include:
24	24	(1) the number of illegal criminal aliens confined and
25	25	the total cost to confine those aliens;
26	26	(2) the percentage of each facility's capacity that is
27	27	occupied by illegal criminal aliens;
28	28	(3) the estimated cost to confine all illegal criminal
29	29	aliens for the remainder of each alien's sentence; and
30	30	(4) other information regarding the total impact of
31	31	illegal criminal aliens on each facility.
32	32	SECTION 2. Section 511.0101(a), Government Code, is amended
33	33	to read as follows:
34	34	(a) Each county shall submit to the commission on or before
35	35	the fifth day of each month a report containing the following
36	36	information:
37	37	(1) the number of prisoners confined in the county
38	38	jail on the first day of the month, classified on the basis of the
39	39	following categories:
40	40	(A) total prisoners;
41	41	(B) pretrial Class C misdemeanor offenders;
42	42	(C) pretrial Class A and B misdemeanor offenders;
43	43	(D) convicted misdemeanor offenders;
44	44	(E) felony offenders whose penalty has been
45	45	reduced to a misdemeanor;
46	46	(F) pretrial felony offenders;
47	47	(G) convicted felony offenders;
48	48	(H) prisoners detained on bench warrants;
49	49	(I) prisoners detained for parole violations;
50	50	(J) prisoners detained for federal officers;
51	51	(K) prisoners awaiting transfer to the
52	52	institutional division of the Texas Department of Criminal Justice
53	53	following conviction of a felony or revocation of probation,
54	54	parole, or release on mandatory supervision and for whom paperwork
55	55	and processing required for transfer have been completed;
56	56	(L) prisoners detained after having been
57	57	transferred from another jail and for whom the commission has made a
58	58	payment under Subchapter F, Chapter 499, Government Code;
59	59	(M) prisoners for whom an immigration detainer
60	60	has been issued by United States Immigration and Customs
61	61	Enforcement;
62	62	(N) prisoners who are not:
63	63	(i) a citizen or national of the United
64	64	States; or
65	65	(ii) an alien who is lawfully admitted for
66	66	permanent residence in the United States under the federal
67	67	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
68	68	authorized to be employed by that act or the United States attorney
69	69	general;
70	70	(O) female prisoners; and
71	71	(P) [(O)] other prisoners;
72	72	(2) the total capacity of the county jail on the first
73	73	day of the month;
74	74	(3) the total number of prisoners who were confined in
75	75	the county jail during the preceding month, based on a count
76	76	conducted on each day of that month, who were known or had been
77	77	determined to be pregnant;
78	78	(4) the total cost to the county during the preceding
79	79	month of housing prisoners described by Subdivision (1)(M),
80	80	calculated based on the average daily cost of housing a prisoner in
81	81	the county jail; [and]
82	82	(5) for prisoners described by Subdivision (1)(N):
83	83	(A) the total cost to the county during the
84	84	preceding month and the estimated cost to the county for the current
85	85	month of housing those prisoners calculated based on the average
86	86	daily cost of housing a prisoner in the county jail; and
87	87	(B) the total impact of prisoners described by
88	88	Subdivision (1)(N) in the county jail; and
89	89	(6) certification by the reporting official that the
90	90	information in the report is accurate.
91	91	SECTION 3. Chapter 511, Government Code, is amended by
92	92	adding Section 511.01021 to read as follows:
93	93	Sec. 511.01021. REPORT REGARDING PRISONERS NOT LAWFULLY
94	94	PRESENT. Not later than January 31 of each year, the commission
95	95	shall:
96	96	(1) aggregate the information submitted to the
97	97	commission under Sections 511.0101(a)(1)(N) and (a)(5); and
98	98	(2) submit to the governor, the lieutenant governor,
99	99	and each member of the legislature a report for the preceding year
100	100	on the information aggregated under Subdivision (1).
101	101	SECTION 4. (a) Notwithstanding Section 493.01505,
102	102	Government Code, as added by this Act, the Texas Department of
103	103	Criminal Justice is not required to submit the initial report
104	104	required by that section until January 31, 2027.
105	105	(b) Notwithstanding Section 511.01021, Government Code, as
106	106	added by this Act, the Commission on Jail Standards is not required
107	107	to submit the initial report required by that section until January
108	108	31, 2027.
109	109	SECTION 5. This Act takes effect September 1, 2025.